Given the wide divergence in state law, the need for case-by-case analysis of coverage determinations, and the growing use of TCPA exclusions, policyholders must act strategically to maximize their TCPA liability coverage.

The value and vulnerability of PHI has been repeatedly demonstrated by criminal attempts to obtain it for fraudulent purposes. Every organization that handles this type of data must be prepared to defend it.

The government, not the employer, will instruct a nonprofit's insurer or third-party administrators to take on the responsibility of paying for the birth control, at no additional cost to the employer.